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Journal articles on the topic 'Right of Pardon'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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1

Duda, M. "The genesis of pardon in Ukraine and the European Union Member States." Uzhhorod National University Herald. Series: Law 3, no. 84 (2024): 296–300. http://dx.doi.org/10.24144/2307-3322.2024.84.3.45.

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This article is devoted to the historical and legal study of the origin and evolution of the institution of pardon in Ukraine and the European Union Member States. The author analyses the emergence of pardon in ancient Rome, its social and political role. The author points to the existence of three main forms of pardon in the Roman Empire: abolition, intercession and indulgence. The author emphasises the impact of the reception of Roman law and the growing role of the Roman Catholic Church on the establishment of the right of pardon as an element of the absolute power of the monarch in medieva

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2

Monballyu, J. "The political responsibility for Royal pardons in Belgium during the 19th century (1830–1900)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 2 (2007): 153–78. http://dx.doi.org/10.1163/157181907781352582.

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AbstractIn Belgium, the Royal Prerogative of pardoning convicted criminals was legally embedded in the Constitution of 14th February, 1831. It allowed the King to reduce a sentence or to grant a discharge of a sentence given by a court. Any Royal decision to pardon had, however, to be countersigned by a member of the Government, who took on the political responsibility of the decision towards Parliament. In most cases, the task fell upon the Minister of Justice. During the 19th century, in both Houses of the Belgian Parliament, the Minister of Justice was repeatedly questioned about the way th

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3

Aurelio, David N., and Todd M. Newman. "Pardon My Right Turn." Ergonomics in Design: The Quarterly of Human Factors Applications 5, no. 2 (1997): 24–27. http://dx.doi.org/10.1177/106480469700500205.

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Kruszyński, Piotr. "Instytucja prawa łaski – de lege lata i de lege ferenda." Przegląd Sejmowy 2(169) (2022): 109–25. http://dx.doi.org/10.31268/ps.2022.101.

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The article is devoted to the subject of the right of pardon in the Polish legal system. The study depicts the essence of the right of pardon and answers the question whether this right, as expressed in Article 139 of the Constitution of the Republic of Poland, can be realised only within the scope defined in Chapter 59 of the Code of Criminal Procedure, entitled “Clemency,” or if the term “right of pardon” has a wider meaning than “clemency,” e.g., so as to permit application by the President of the Republic of Poland, at every stage of the proceedings, of so called individual right of pardon

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Zilya Lirungan, Cheryll, Supriyadi, and Susianto. "Legal Politics of the President's Grant of Lesion Basedon the Perspective of Justice and Humanity in the Indonesian Judicial System." International Journal of Research in Social Science and Humanities 05, no. 05 (2024): 42–47. http://dx.doi.org/10.47505/ijrss.2024.5.4.

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This research aims to explore and understand the legal politics behind granting a Pardon by the President of Indonesia in the justice system and the factors influencing the decision to grant a Pardon. The research method used is normative legal research, which focuses on positive legal analysis, legal principles, and legal doctrine. The approach usedincludes a statutory approach to analyze related regulations and a conceptual approach. The research results show thatGranting a Pardon by the President is a constitutional right that the President has without interference from other institutions.

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Bartula, Piotr. "„Testamentowa” „teoria” sprawiedliwości." Annales. Etyka w Życiu Gospodarczym 12, no. 2 (2009): 195. http://dx.doi.org/10.18778/1899-2226.12.2.18.

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Important problems of justice are raised by a project according to which the sovereign gives to victims the right to pardon a wrongdoer orally or in a testament. The author supports such an individualization of the right to pardon, which would turn the state into a contractor who is hired by citizens exclusively to guarantee them security and self-possession.

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7

Asaad Omar, Sihad. "Negation and the Directions of the Exiles’ Liberation at the Period of the Abbasid Age between (334−656 H / 946−1285 AD)." Twejer 7, no. 3 (2024): 709–36. https://doi.org/10.31918/twejer.2473.25.

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This research explores the transformative shift in power dynamics during the Buyid and Seljuk periods (334–656 H / 946–1285 AD), with a particular focus on the evolution of pardon procedures. Prior to this era, the exclusive authority to grant amnesty rested with the Caliph, with only those sanctioned by him having the privilege. However, as the period progressed, a noteworthy change occurred. The Buyid and Seljuk princes and sultans, in addition to the Caliph, acquired the right to issue decisions related to pardon procedures. This shift played a crucial role in reshaping the mechanisms for g

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Borovykh, L. V., and E. A. Solovyova. "ON CERTAIN ISSUES OF THE APPLICATION OF PARDONS INTHETERRITORIES OF THE CONSTITUENT ENTITIES OFTHERUSSIAN FEDERATION." Ex jure, no. 4 (2022): 118–33. http://dx.doi.org/10.17072/2619-0648-2022-4-118-133.

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Abstract: the purpose of the article is to analyse existing problems with legal regu‐ lation of pardon and to propose ways of improving certain legal acts re‐ lating to the exercise of convict's right to apply for a pardon to the Presi‐ dent of the Russian Federation. It has been found that the existing acts regulating the application for pardon by a convicted person require modernisation, in particular a detailed specification of the procedure for applying for a pardon by military personnel, setting a deadline for re‐ view by the President of the Russian Federation of the convicted person's r

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9

Arifi, Besa. "THE LEGAL REASONING OF THE PRESIDENT’S RIGHT TO ISSUE PARDONS." SEEU Review 12, no. 2 (2017): 32–61. http://dx.doi.org/10.1515/seeur-2017-0017.

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Abstract Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign (usually the king/queen or the emperor/empress) represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th century and emphasized the importance of the principle of legalit

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10

Śliwiński, Emil. "Pojęcie odpowiedzialności represyjnej (art. 42 Konstytucji) a prawo łaski Prezydenta RP." Przegląd Prawa Konstytucyjnego 69, no. 5 (2022): 115–25. http://dx.doi.org/10.15804/ppk.2022.05.09.

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The aim of this article is to discover in relation to which sanction it is possible to exercise the right of pardon (art. 139 of the Constitution). Basing on the systemic interpretation of the Constitution, the author argues that the power of pardon is the ‘reverse’ of the notion of repressive liability inferred from art. 42 of the Constitution. Consequently, in relation to all repressive sanctions within the meaning of art. 42 of the Constitution it is allowed to grant a pardon. Therefore it is possible to claim that a power of pardon can be applied to, inter alia, disciplinary penalties, lus

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11

Risal, Chaerul. "EKSISTENSI GRASI MENURUT PERSPEKTIF HUKUM PIDANA." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 4, no. 2 (2017): 96. http://dx.doi.org/10.24252/jurisprudentie.v4i2.4055.

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Pardon is a form of amnesty in the form of change, mitigation, abolition or elimination of criminal practice to the convict provided by the President. The powers of the President grant pardons related to criminal law in a subjective sense. The subjective criminal law discusses the right of the state to impose and execute the criminal. The right of such a state is a great state right, so it is necessary to find the basis of its foothold through the theory of punishment. The President in granting pardons should be based on the theory of punishment.Keywords: Grasi, Authority of the President Gras

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12

Grzegorz Wojciechowski. "Ułaskawienia Prezydenta Bieruta. Losy wniosków o ułaskawienie skazanych przez sądy wojskowe (1947-1952)." Archives of Criminology, no. XXI (July 22, 1995): 153–89. http://dx.doi.org/10.7420/ak1995f.

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The study deals with the procedure and practice of granting pardons by the President of Republic of Poland Bolesław Bierut to persons convicted ty mortial courts. Analyzed have been the years 1947–1952, that is President Bierut’s term in office. Before, in the years 1944–1947, he was President of the National People’s Council, and afterwards, from 1952 till his death in 1956 – President of the Council of State. The 1947–1952 period has been selected for analysis not only for the above formal reason of President Bierut’s term in office. Bierut had the powers to grant pardons also as President o

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13

Krushnitska, Oksana. "Some Problems of Free Legal Aid in Criminal Proceedings." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 332–36. http://dx.doi.org/10.36695/2219-5521.1.2020.66.

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The article deals with some problems of providing free legal aid in criminal proceedings. It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision. It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such

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14

Скопинцева, Валерия Викторовна, and Сергей Николаевич Пономарев. "On the issue of using the ratings of the implementation of the right to pardon to assess the activities of commissions on pardon issues in the territories of the constituent entities of the Russian Federation." Vedomosti (Knowledge) of the Penal System, no. 11(246) (December 3, 2022): 30–39. http://dx.doi.org/10.51522/2307-0382-2022-246-11-30-39.

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Настоящая статья посвящена вопросу построения региональных рейтингов реализации права на помилование как инструмента оценивания. Авторами рассматривается проблематика оценки и совершенствования деятельности комиссий по вопросам помилования на территориях субъектов Российской Федерации и обеспечения роста эффективности уголовного наказания. Использование рейтингового метода позволит правоприменителю более целенаправленно и эффективно использовать возможности института помилования. Актуальность избранной для исследования темы обусловлена правовой значимостью института помилования как конституцио

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15

Rodríguez Gómez, Edgardo. "Crónica de un indulto humanitario (con gracia presidencial) anunciado = Chronicle of a humanitarian pardon (with a right of grace) foretold." EUNOMÍA. Revista en Cultura de la Legalidad, no. 15 (October 1, 2018): 123. http://dx.doi.org/10.20318/eunomia.2018.4344.

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Resumen: El artículo analiza el proceso político y administrativo que condujo a la decisión del expresidente de la República del Perú, Pedro Pablo Kuczynski, de otorgar un indulto humanitario y una gracia presidencial a favor de Alberto Fujimori Fujimori, condenado por graves violaciones de derechos humanos cometidas al encabezar el Poder Ejecutivo peruano en los años noventa del siglo pasado. Se revelan los argumentos jurídicos y políticos planteados por exfuncionarios del Ministerio de Justicia y Derechos Humanos de ese país, que advirtieron a los altos cargos de esa entidad las consecuencia

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16

Norton, Matthew. "The Persistence of Pardons and the End of Attainder." European Journal of Sociology 59, no. 1 (2018): 91–118. http://dx.doi.org/10.1017/s0003975618000061.

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AbstractPardons are a well-known form of lawful but extrajudicial power over criminal classifications. They are still in regular use in rule of law regimes around the world. Attainder is the less well-known power to condemn via a legislative rather than a judicial act. Despite their structural similarities, pardon and attainder have exhibited divergent trajectories. One is ubiquitous, the other extinct. Focusing on the divergent trajectories of pardon and attainder during the framing of the U.S. Constitution and thereafter, the article advances an explanation for these phenomena based on asymm

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17

Hilliard, Marie. "The Gift of the Apostolic Pardon." Ethics & Medics 45, no. 8 (2020): 3–6. http://dx.doi.org/10.5840/em20204584.

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Meeting the right of the faithful to receive the sacraments can be difficult, especially during the COVID-19 pandemic. The Church needs opportunities to minister to the faithful, especial when there is a danger of death. Remission of sins is of vital importance in these cases. To gain a plenary indulgence, three specific conditions must be met: sacramental confession, Eucharistic communion, and prayer according to the Holy Father’s intentions. A special kind of plenary indulgence, the apostolic pardon, is administered to someone who is in danger of death. It is advantageous because it can be d

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18

Drago, Francesco, Roberto Galbiati, and Francesco Sobbrio. "The Political Cost of Being Soft on Crime: Evidence from a Natural Experiment." Journal of the European Economic Association 18, no. 6 (2019): 3305–36. http://dx.doi.org/10.1093/jeea/jvz063.

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Abstract This study analyzes voters’ response to criminal justice policies by exploiting a natural experiment. The 2006 Italian Collective Pardon Bill, designed and promoted by the incumbent center-left (CL) coalition, unexpectedly released about one-third of the prison population, creating idiosyncratic incentives to recidivate across pardoned individuals. Municipalities where resident pardoned individuals had a higher incentive to recidivate experienced a higher recidivism rate. We show that in those municipalities voters “punished” the CL coalition in the 2008 parliamentary elections. A one

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19

Wallace, Tara Ghoshal. "‘This right of mercy’: The Royal Pardon in The Heart of Midlothian." Yearbook of English Studies 47, no. 1 (2017): 203–23. http://dx.doi.org/10.1353/yes.2017.0000.

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20

Cahyani, Indah Fitri, Uche Nnawulezi, and Ogah Chinyere Constance. "The Urgency of Legal Justice for Society Against the Expansion of the Authority of Judges From a Criminal Law Perspective." IJCLS (Indonesian Journal of Criminal Law Studies) 8, no. 1 (2023): 37–56. http://dx.doi.org/10.15294/ijcls.v8i1.40402.

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Expansion of the authority of judges in the RKUHP is an interesting discussion where this is related to guaranteeing legal certainty for the community. The purpose of this research is to examine more deeply the impact of expanding the authority of judges in the RKUHP on legal certainty. The method used is a qualitative method. Then for this type of research using literature study by collecting journal articles related to the title being studied. The results of this study indicate that the expansion of authority in the form of judicial pardon is a means for realizing a balance between legal cer

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21

NISTOR, IULIA ELENA. "Initiatives to revise the Romanian Constitution of 2019. Brief presentation of the Decisions of the Constitutional Court." Revista de Drept Constituțional, no. 1 (2020): 67–80. http://dx.doi.org/10.47743/rdc-2020-1-0005.

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The study presents the case law of the Constitutional Court in the matter of Romanian Constitutional revision with reference to the legislative proposals examined by the court of constitutional jurisdiction during 2019. We notice a preoccupation of the title holders of the right of legislative initiative in the field of combating corruption through various means. Thus, the authors of the legislative proposals wanted to regulate, at constitutional level, integrity conditions that would apply: to the candidates to be elected in the local public administration bodies, in the Chamber of Deputies,

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22

Dąbrowski, Marcin. "Glosa do postanowienia Trybunału Konstytucyjnego z 2 czerwca 2023 r. sygn. akt Kpt 1/17." Przegląd Prawa Konstytucyjnego 75, no. 5 (2023): 369–79. http://dx.doi.org/10.15804/ppk.2023.05.26.

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The article refers to the judgment of the Tribunal Court of 2 June 2023, file ref. no. Kpt 1/17. In this jurisdiction, the Tribunal resolves a competence dispute between the Supreme Court and the President of the Republic. In the resolution of 31 May 2017 file ref. no. I KZP 4/17 the Supreme Court climes that The President is not supposed to apply the law of pardon to people, who are not finally sentenced. The Tribunal decides that the Supreme Court doesn’t have a competence, which allows controlling the President’s individual acts. The Author of the article criticizes the Tribunal’s judgment

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23

Al-Luhaidan, Mohammed. "Lashing as a discretionary penalty and effect of its prevention." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 90 (September 1, 2022): 129–47. http://dx.doi.org/10.54940/si75718405.

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The Resolution of the General Authority of the Supreme Court No.: 40 / M and dated 24/6/1441 AH was issued, which includes: The courts - in the context of lashing as a discretionary penalty – should impose only imprisonment or a fine or both, or an alternative punishment according to the regulations or decisions issued by the Guardian in this regard. And after this Resolution, problems occurred, namely; about the its legitimacy from the jurisprudential and legal aspect, as well as problems in the effects of its execution on the parties of the criminal action, and the entity of implementation o

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Ave Agave Christina Situmorang and Wahyu Koncoro. "Penerapan Pemberian Grasi Terhadap Terpidana Korupsi Oleh Presiden." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 3, no. 3 (2024): 114–25. http://dx.doi.org/10.55606/jhpis.v3i3.3896.

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Clemency is a pardon in the form of a change in commutation, reduction or elimination of a criminal offense for a convicted person given by the president based on the consideration of the Supreme Court. The granting of clemency by the president is a form of humanity and justice towards the citizens of the country. And every prisoner has the same right to apply for clemency to the president. Granting this clemency is a fulfillment of human rights and is the president's prerogative in granting forgiveness. However, there needs to be a classification of the crime to provide an opportunity to appl

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Tara Ghoshal Wallace. "‘This right of mercy’: The Royal Pardon in The Heart of Midlothian." Yearbook of English Studies 47 (2017): 203. http://dx.doi.org/10.5699/yearenglstud.47.2017.0203.

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Sari, Asih Puspo. "Pemberian Grasi dan Maaf dalam Bingkai Kajian Teoritik Tindak Pidana Pembunuhan (Studi Komparatif Hukum Positif dan Hukum Islam)." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 5, no. 1 (2020): 73–90. http://dx.doi.org/10.22515/al-ahkam.v5i1.2474.

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Abstract In the Criminal Code there are several differences that are the reasons for the review of theories and the application of reasons for clemency or forgiveness. The theories that form the basis of forgiveness will lead to different views. In connection with sources of clemency (Positive Criminal Law) and forgiveness (Islamic Criminal Law) have differences. Where clemency is the prerogative of the president as the temporary head of state, forgiveness can only be given by the heirs of the victim as the party who lost the victim. This study aims to find out where the justice is if the gran

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Dr. Shfaqat Ali al-Baghdadi al-Azhari та Dr. Hafiz Muhammad Idrees al-Azhari. "دعائم الحرية ومظاهرها في ضوء الكتاب والسنة". Al-Qamar 5, № 3 (2022): 65–76. https://doi.org/10.53762/2x4m5s83.

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Islam came with the liberation of man from all restrictions and shackles. Freedom was one of the legitimate purposes and the basic principles established by Islam. There is no way to a real life without freedom, and it’s the right of the single and society. With pride, dignity, security and safety, equality, justice, chastity and purity. Islam in its legislation laid the foundations and principles of freedom. It freed man from the captivity of lusts, and from the shackles of ignorance, and freed the mind from materialistic philosophies, destructive sects, and man-made religions and from the fo

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Golovinov, A. V., and Yu V. Golovinova. "“Complete Freedom with the Right to Stay Everywhere...”: The Life and Work of N. M. Yadrintsev in St. Petersburg in 1874–1876." Bulletin of Irkutsk State University. Series History 42 (2022): 67–76. http://dx.doi.org/10.26516/2222-9124.2022.42.67.

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The publication is devoted to the conceptualization of the biography of Nikolai Mikhailovich Yadrintsev in 1874–1875. during his stay in Petersburg. The chronological framework was not chosen by chance, since after receiving a pardon and moving to a reconciled capital, colossal changes took place in the fate of the Siberian regionalist. In general, guided mainly by sources of personal origin, it is shown that life in St. Petersburg for some two years presented N. M. Yadrintsev of the great significance of the event. From finding a faithful companion – a wife and a long-awaited meeting with a c

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Ahmad, Muhammad Mushtaq. "The Doctrine of Siyasah in the Hanafi Criminal Law and Its Relevance for the Pakistani Legal System." Islamic Studies 52, no. 1 (2013): 29–55. https://doi.org/10.52541/isiri.v52i1-2.3485.

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The paper argues that a clear understanding of the doctrine of siyasah in the Hanafi criminal law, an ignored area in the deleberations on Islamic criminal law in the post-colonial world, is of vital importance in resolving the conflicts and contradictions existing in the Pakistani laws. The basic contention of the paper is that the classification of rights violated by a crime forms the backbone of the Hanafi criminal law the ignorance of which causes basic confusions. The paper shows that the usage of term ta‘zir in Hanafi law covers a broad range of punishments: punishments laid down by the

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SOGE, MARKUS MARSELINUS. "PERSPEKTIF YURIDIS FILOSOFIS GRASI BAGI NARAPIDANA." Journal of Correctional Studies 1, no. 1 (2024): 48–58. https://doi.org/10.52472/jcs.v1i1.367.

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The government issued a discourse on granting mass clemency due to the overcrowded conditions of the Penitentiary. The discourse raises pros and cons in the community. In handling prisoners in the Penitentiary, a policy strategy is implemented, namely coaching to improve their readiness to return to the community. This study aims to determine the philosophical juridical perspective of clemency for prisoners. This research uses normative legal research methods with secondary data sources in the form of primary legal materials, namely related laws and regulations, which are collected using liter

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Krawczyk, Przemysław. "Przyjęcie do wykonania kary orzeczonej przez sądy państwa obcego a prawo łaski." Problemy Prawa Karnego 5, no. 1 (2021): 1–24. http://dx.doi.org/10.31261/ppk.2021.05.08.

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In this paper the author considers the connotations between the presidential pardon applied under the Constitution of the Republic of Poland and the judgments of foreign courts sensu largo. This article deals with issues that are on the borderline between constitutional law, criminal law (substantive and procedural) and international law, both public and criminal. The analysis of literature and jurisprudence in this respect allows the author to conclude that the right of grace is significantly limited by international law, due to the international agreements and art. 9 of the Polish Constituti

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Chernenko, Anatoliy, and Anatoliy Shyyan. "The right of prisoners sentenced to life imprisonment to parole from serving a sentence or to replace the unserved part of the sentence with a milder one and ensuring it in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 168–75. http://dx.doi.org/10.31733/2078-3566-2020-2-168-175.

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The article examines the issues of ensuring the right of convicts to life imprisonment in Ukraine to parole from serving a sentence or replacing the unserved part of the sentence with a milder one. The norms of the Criminal Code, other legislative acts of Ukraine governing this issue, as well as the Regulation on the procedure for pardon approved by decree of the President of Ukraine No. 223/2015 of April 21, 2015 are analyzed. They are compared with international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which governs the co

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RIABUSHCHENKO, Danylo. "Formation and implementation of the "right to hope" concept on the national level." Economics. Finances. Law 12/1, no. - (2022): 25–31. http://dx.doi.org/10.37634/efp.2022.12(1).6.

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The paper describes the elements that implement and condition the "right to hope", but are the object of violation at the national level. First of all, the importance of the "right to hope" of a person imprisoned for life is emphasized, in terms of the fundamental human value – the dignity of the person. The historical retrospective of the origin of the measure of punishment in the form of life imprisonment is outlined. The interpretation of the "right to hope" in the context of Article 3 of the ECHR and the practice of the ECHR was carried out. In addition, the violation of the "right to hope

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Čoh Kladnik, Mateja. "Sodišče slovenske narodne časti v Novem mestu." Dileme : razprave o vprašanjih sodobne slovenske zgodovine 7, no. 1 (2023): 79–121. http://dx.doi.org/10.55692/d.18564.23.3.

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The Court of Slovenian National Honour was established in early June 1945. Until the end of August 1945, it tried those who had (allegedly) collaborated with the occupying forces during the war in any way. Senates consisting of five members held sessions in Ljubljana, Kranj, Novo Mesto, Celje, Maribor, Ptuj and Murska Sobota. In Novo Mesto, the first trial took place on 10 July, but the court ceased to operate as early as 14 July due to the dissatisfaction of the district committee of the Communist Party with the work of the jurist judges. The court treated the acts allegedly perpetrated by th

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Farber, Shai, and Nethanel Benichou. "Between Victims of Crime and Victims of Terrorism." New Criminal Law Review 24, no. 4 (2021): 568–600. http://dx.doi.org/10.1525/nclr.2021.24.4.568.

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In June 2018, a new Reform came into effect in the Judea and Samaria Area (the West Bank; hereinafter “the Area”). For the first time, victims of terror activity that was adjudicated in military courts in the Area, acting under international law, were given statutory rights. These victims were awarded new procedural rights, including the right to receive information regarding the proceedings against the defendant, updates regarding plea bargains, release from prison, and pardon. The rights that crime victims are now entitled to, following the Reform, will allow them to state their opinion on a

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Kamali, Mohammad Hashim. "Amnesty and Pardon in Islamic Law With Special Reference to Post-Conflict Justice." ICR Journal 6, no. 4 (2015): 442–67. http://dx.doi.org/10.52282/icr.v6i4.297.

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The subject before us has acquired renewed significance in the aftermath of the September 2001 terrorist attacks, the tumult and violence that has been on the increase ever since, but also what followed the advent of the Arab Spring in many Muslim countries. Conflicts that engulf countries and communities rarely, if ever, end by clean endings. They leave behind a host of issues, including the urge to take revenge by the aggrieved parties - hence a vicious circle of violence follows. Post-conflict justice requires careful management, such that measure - for - measure justice may not be the righ

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Kryklyvets, Dmytro Ye, Yuliia V. Kerniakevych-Tanasiichuk, Yuliia O. Fidria, Kateryna S. Muzychuk, and Olena I. Sasko. "The process of pardoning those sentenced to life sentences and long terms of imprisonment as a criterion for increasing the liberality of the judicial system." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (2021): 277–87. http://dx.doi.org/10.37635/jnalsu.28(2).2021.277-287.

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The development of democracy, ensuring the rights and freedoms of citizens are inextricably linked with an increase in the quality and efficiency of the work of penal institutions, during which various types of criminal-executive legal relations arise, change and terminate. Attempts to introduce liberal European values into the everyday life of society made it necessary to modernise the activities of the penitentiary system in accordance with international standards. The need to introduce humane approaches and respect for human dignity in other special standards, which relate specifically to t

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Kaczmarczyk-Kłak, Katarzyna. "A few remarks on the penalty of absolute imprisonment against the background of the principle of human dignity." Probacja 4 (November 30, 2023): 129–44. http://dx.doi.org/10.5604/01.3001.0054.1613.

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The currently applicable Penal Code provides for the possibility of imposing a life sentence on the perpetrator for an act committed by him after a final conviction for a crime against life and health, freedom, sexual freedom, public security or for an offense of a terrorist nature. Also with respect to the perpetrator whose nature and circumstances of the act as well as his personal characteristics indicate that remaining at large will pose a permanent threat to the life, health, liberty or sexual freedom of other persons. The above solution was assessed through the prism of the fundamental p

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N., V. V. Satyanarayana, M. S. V. Ravi Kumar J., Babu Reddy M., Leelavathi N., and Sujatha B. "A Symmetric Searchable Encryption Identification of Data on Probabilistic Trapdoors." International Journal of Engineering and Advanced Technology (IJEAT) 9, no. 3 (2020): 3880–83. https://doi.org/10.35940/ijeat.C6389.029320.

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Accessible Encryption (SE) permits a client in accordance with transfer records in accordance with the astronaut and according to seem thru it of a faraway manner while defending the security concerning each the statistics yet the inquiries. Right now, entrust a generative then the simple in imitation of actualize Symmetric Searchable Encryption Scheme because instance (SSE) [4]. This tale takes the some round concerning correspondence namely O(n) instances on calculations upstairs n range regarding records . We likewise presented some other variety of Search Pattern Privacy, as gives a percen

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Mazin Abdulaziz Al harthy, Mazin Abdulaziz Al harthy. "The Provision of Financial Penalties Related to the People of the Book in Islamic Countries." journal of king abdulaziz university arts and humanities 26, no. 3 (2018): 19–45. http://dx.doi.org/10.4197/art.26-3.2.

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The research manifests Islamic justice in every fiat even in the destruction of the soul which ended in the worldly life; but at least it remains for the slain kin to ask for the Dyah; that does not go in vain without satisfying the slain kin, even if killed by mistake. This has an impact on the total elimination of hostilities between people in Islam, even in the fiats beyond human will, like mistaken and intentional killings; so that this Dyah becomes as a reform action and an elimination of hostilities. The research also indicates that The Mighty God ennobles the human soul; indicating that

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Lazić, Katarina S. "PROBLEM OPROŠTAJA U ROMANU „ČITAČ“ BERNHARDA ŠLINKA: IZMEĐU ŽRTVE I ZLOČINCA." Узданица 1 (2025): 183–95. https://doi.org/10.46793/uzdanica22.1.183l.

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The paper primarily dealt with the topic of forgiveness in Bernhard Schlink’s novel The Reader. Forgiveness has been discussed from the perspectives of the victims and the perpetrators. A multidisciplinary approach has been applied in the research, namely the moral philosophy has been applied to a particular literary work. The theoretical framework consisted of the following works: Forgiveness and Christian Ethics by Anthony Bash, On Cosmopolitanism and forgiveness by Jacques Derrida, Forgiveness and Should We Pardon Them? by Vladimir Jankélévitch, as well as Getting Even: Forgiveness and Its

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Ali, Mahrus, and Ari Wibowo. "KOMPENSASI DAN RESTITUSI YANG BERORIENTASI PADA KORBAN TINDAK PIDANA." Yuridika 33, no. 2 (2018): 260. http://dx.doi.org/10.20473/ydk.v33i2.7414.

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The study proposes the compensation and restitution regulations which should be oriented to protect the victim of crime. Although most regulations have been adopted the right of the victims to receive the compensation and restitution, but this study finds that there are some weaknesses in such regulations. Hence, compensation regulation should be specifically focused on the fulfillment of the right of the victims of crime. It shall not depend on court decisions, but such compensation should be provided even though the victims ceased before the court proceeding has started, or even if he or she

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Imamian, Seyed Hassan, and Sayed Mohammad Shoushtari. "The Position of repentance in abolishing punishment from the perspective of Imami jurisprudence and Iranian law." Kufa Journal of Arts 1, no. 47 (2021): 593–608. http://dx.doi.org/10.36317/kaj/2021/v1.i47.244.

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In jurisprudence and law, the offender’s repentance is considered one of the remissions of the penalty, subject to three conditions: 1- That the repentance be genuine, meaning that the offender’s repentance and remorse is proven in his act. 2- Committing a crime is related to the right of God, and if it is mixed with the right of people, repentance alone will not abrogate the punishment. 3. The time of repentance. The offender's repentance is divided into three categories in terms of time: First: Repentance before confession or evidence, in which case it causes the punishment to fall. Second:

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Lobato, Luiz. "GRAÇA E INDULTO CONSTITUCIONAIS: NATUREZA JURÍDICA E LIMITES." Ponto de Vista Jurídico 12, no. 2 (2023): 35–45. http://dx.doi.org/10.33362/juridico.v12i2.3079.

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Primeiramente, importante abordar o termo jurídico “Graça”, que temos como referência a benevolência ou indulgência do Chefe de Estado sendo o momento no qual existe a renúncia estatal do direito de punir decorrente da condenação criminal. A concessão da Graça torna imutável a pretensão punitiva e o beneplácito atinge o beneficiado de forma definitiva. Inobstante a isso, no direito brasileiro temos a previsão do instituto jurídico da Anistia, Graça e indulto, justamente sendo o meio procedimental cabível que visa buscar alternativas as injustiças sociais com a aplicação da exclusão sobre a pre

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Nugraha, Muhammad Tisna. "VERDICT OFF (DEATH PENALTY) FOR THE DRUG OFFENDER CRIME IN PERSPECTIVE OF ISLAMIC EDUCATION." Ta'dib 20, no. 2 (2016): 311. http://dx.doi.org/10.19109/td.v20i2.346.

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<em>This paper raises the issue of </em><em>the death penalty for drug-crime actors in Islamic education perspective, especially when the President Joko Widodo refused to pardon the actors at the beginning of his reign.</em> <em>Although the execution was likely contrary to the wishes of human right instigators, but on the other hand, such punishment is one vehicle in providing education to the citizens as well as the efforts to actualize the law enforcement in Indonesia.</em> <em>The implementation of the death sentence does not touch directly the sco

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Bálint, Péter. "Dialogues of judgement and dream interpretation in folk tales." Boletín de Literatura Oral 11 (July 19, 2021): 117–45. http://dx.doi.org/10.17561/blo.v11.6041.

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Some of the kings in the narrative actually follow Kantian orientation in their judgment and allow the right of necessity to enter into their thinking: they listen to others or (the good sense of) the truthful heart because of their limited or deficient knowledge. Others, delighted with their self-belief and mania for power, throw scorn on the law, on mercy, pardon, and forgiveness, and let themselves be led by anger, stupidity, complacency, stigma and desire for exclusion. In the tale narratives, they are further represented as scholars/wisemen, fortune-tellers, the ‘foresighted’, ancient old

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Loades, David. "John Foxe and the Traitors: The Politics of the Marian Persecution (Presidential Address)." Studies in Church History 30 (1993): 231–44. http://dx.doi.org/10.1017/s0424208400011724.

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… not long after this he was sent to the Tower, and soon after condemned of treason. Notwithstanding the queen, when she could not honestly deny him his pardon, seeing all the rest were discharged, and especially seeing he last of all others subscribed to king Edward’s request, and that against his own will, released to him his action of treason and accused him only of heresy; which liked the archbishop right well, and came to pass as he wished, because the cause was not now his own, but Christ’s; not the queen’s but the church’s.Cranmer’s condemnation for treason was almost as great an embarr

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Kasuri, Muhammad Ramzan, Ata Ullah Khan Mahmood, and Sheer Abbas. "Globalization of Prosecutorial Justice: An Appraisal." Global Political Review VI, no. II (2021): 67–78. http://dx.doi.org/10.31703/gpr.2021(vi-ii).08.

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In the present world, public prosecutors (PPs) have become the most powerful actors in the criminal justice system (CJS). They excise unfettered discretionary powers, particularly 'decision to or not to prosecute,' 'add or delete the charges,' 'withhold or drop the prosecution,' 'withdraw the prosecution,' 'plea-bargaining with accused,''tender of pardon to the accomplice' and 'suggest the sentence for the convict.' By this way, the world is moving towards pro secutorial justice. It is a point of departure from judicial decision-making to pro secutorial decision-making. So, the theory of divis

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Trefilov, Aleksandr A. "Trials in the Court of First Instance in the Criminal Procedure of Lichtenstein: Comparative Features." Ugolovnaya yustitsiya, no. 18 (2022): 137–44. http://dx.doi.org/10.17223/23088451/18/25.

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Currently, there is not a single separate research work in Russian science on the topic of this article. In order to fill this gap, based on the normative and doctrinal sources, the author analyzes the consideration of the case on the merits in the criminal procedure of the Principality of Liechtenstein. In this legal order, in connection with the preservation of the institution of the investigating judge, one can only conditionally speak of bringing someone to trial since already at the stage of preliminary investigation cases are pending. The most important feature of the ordinary procedure

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Ismail, Siti Zubaidah. "PROPOSING DIYAT AS AN ALTERNATIVE TO DEATH PENALTY FOR THE CRIME OF MURDER IN MALAYSIA." Jurnal Syariah 32, no. 3 (2024): 487–518. https://doi.org/10.22452/syariah.vol31no3.6.

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Pressure has increased on retentionist countries, including Malaysia, to consider finding an alternative penalty to the death penalty for murder. In mid-2023, the government decided to abolish the mandatory death penalty and proposed alternative sentences for the crime of murder. Concurrently, the concept of diyat or Islamic monetary compensation has also been raised by many quarters for consideration. This article examines the concept of forgiveness and diyat and addresses the potential impact of incorporating them into Malaysian criminal law. Employing a normative empirical method, the study

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